Article09.20.2024

Streamlining Complex Mediations Requires Realism and a Roadmap

Bloomberg Law

Judge John D. Moore, a retired Connecticut Superior Court Judge and member of Pullman & Comley's ADR practice, shares his insights on streamlining complex mediations in an article for Bloomberg Law. Drawing from his extensive experience, including a 13-year asbestos litigation mediation, Judge Moore offers practical guidelines to make the mediation process more efficient and effective.

In the article, Judge Moore emphasizes the importance of having a clear strategy before mediation even begins. He suggests that parties should identify their ideal outcomes and prioritize issues based on financial and strategic importance. This approach helps focus negotiations on areas where compromise is possible. Throughout the mediation process, starting with simpler issues can create positive momentum and encourage cooperation. Judge Moore also points out that personal connections and humor can play a big role in easing tension, sharing examples where a lighthearted moment helped get negotiations back on track.

He further advises keeping strategic concessions in reserve to alleviate concerns when the opposition feels it has compromised too much. Lastly, the article stresses the importance of choosing the right mediator. A mediator’s reputation alone isn’t enough—experience with the specific type of case and a deep understanding of the issues are essential to avoiding wasted time and resources.

Judge Moore's recommendations reflect his extensive experience in alternative dispute resolution and underscore his approach to effective mediation and arbitration of civil disputes at Pullman & Comley.

To read article, please visit the Bloomberg Law website.

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